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BAAS v. HOYE

No. 84-1924, 84-1944.

766 F.2d 1190 (1985)

Julie J. BAAS, Administrator of the Estate of Jessica Baas, Deceased, Ricky Dean Baas, and Julie J. Baas, Appellees, v. Donald HOYE, d/b/a Hoye Super Rexall Drug, and Robert H. Young, Appellants, v. James L. COFFEY, M.D., and Patricia Nystom, Appellees. Julie J. BAAS, Administrator of the Estate of Jessica Baas, Deceased, Ricky Dean Bass, and Julie J. Baas, Appellants, v. Donald HOYE, d/b/a Hoye Super Rexall Drug, and Robert H. Young, Appellees. James L. Coffey, M.D., and Patricia Nystom.

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1985.

Rehearing Denied August 2, 1985.

Attorney(s) appearing for the Case

Leo E. Fitzgibbons, Estherville, Iowa, for appellant.

Stephen F. Avery, Spencer, Iowa, for appellee.

Before LAY, Chief Judge, and FAGG and BOWMAN, Circuit Judges.

FAGG, Circuit Judge.

Donald J. Hoye, d/b/a Hoye Super Rexall Drug, and Robert H. Young appeal from a jury verdict in favor of the estate of Jessica Baas and Jessica's parents, Julie and Ricky Baas. The Baases were awarded damages upon a jury determination that Hoye and Young violated a consumer product safety rule requiring the dispensing of prescription drugs in childproof containers.

Hoye and Young claim that: (1) they did not violate a consumer product...

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